Legal Opinion · Concurrence
Alfred Dunhill of London, Inc. v. Dunhill Tailored Clothes, Inc.
Court of Customs and Patent Appeals
Decided August 16, 1961No. Patent Appeal 6697Published
1ConcurrenceMartin, Judge
I agree that the decision of the board should be reversed but on a different basis than that of the majority. The district court in its findings of fact found inter alia:
“27. Defendant’s purpose in using the word ‘DUNHILL’ in connection with its business at its store at 65 East 57th Street was with the intent and for the purpose of trading upon plaintiff’s reputation and goodwill.
“28. A substantial number of members of the public were confused, mistaken or deceived by defendant’s use in its business of the word ‘DUNHILL,’ whether alone or with other language, into the belief that defendant…
2Cases cited9 opinions
- California Packing Corporation v. Tillman & BendelCourt of Customs and Patent Appeals · 1930
- Schering & Glatz, Inc. v. Sharp & Dohme, Inc.Court of Customs and Patent Appeals · 1944
- Sun-Maid Raisin Growers of California v. American Grocer Co.Court of Customs and Patent Appeals · 1930
- Application of Laskin Bros.Court of Customs and Patent Appeals · 1944
- Dubonnet Wine Corporation v. Ben-Burk, Inc.Court of Customs and Patent Appeals · 1941
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